Legal

Terms of Service

Effective 7 September 2026 · Applies to LEVIER and all LEVIER products

1. Who you are contracting with

Required disclosures under section 43 of the Electronic Communications and Transactions Act 25 of 2002:

Full name and legal status: LE VIER (Pty) Ltd, a private company registered in the Republic of South Africa, trading as LEVIER
Registration number: 2024/645169/07
Date of incorporation: 15 October 2024
Registered office and physical address: 3 Athlone Street, Swellendam, Western Cape, 6740, South Africa
Director: Janco Olivier
Email: admin@levier.co.za
Website: levier.co.za
Telephone: available on request by emailing admin@levier.co.za

2. Acceptance

By creating an account, accessing or using any LEVIER product, you agree to these Terms, the Acceptable Use Policy and the Privacy Policy. If you do not agree, do not use the products. If you are agreeing on behalf of a business, you confirm you are authorised to bind it, and “you” means that business.

3. The services

These Terms cover:

Shake — a marketplace where third parties list agricultural equipment for sale.
Count — financial visibility and accounting software.
Build — manufacturing ERP software.
Transport — logistics and fleet management software.
Sell — a platform on which merchants operate their own online storefronts.

A specific product may have additional product terms. Where they conflict with these Terms, the product terms prevail for that product.

4. Our role on Shake and Sell — important

On Shake and Sell we provide the technology. We are not the seller of the goods listed.

The seller or merchant is the supplier for the purposes of the Consumer Protection Act. They contract directly with the buyer.
They are responsible for the accuracy of listings, the description, quality, safety and legality of goods, pricing, tax treatment, delivery, warranties and returns.
We do not inspect, test or verify listed goods, and we give no warranty about them.
Disputes about an order are between the buyer and the seller. We will provide reasonable assistance — order records, contact routing — but we are not a party to the sale.

Nothing here removes a buyer’s statutory rights against the seller, or any liability we cannot lawfully exclude.

5. Accounts

You must give accurate registration details and keep them current.
You are responsible for everything done under your account and for keeping credentials confidential. Tell us immediately at admin@levier.co.za if you suspect unauthorised access.
You must be at least 18 and legally able to enter a contract.
Do not share logins between people. Where we charge per user, each person needs their own seat.

6. Fees, billing and taxes

Fees are those set out on the relevant product’s pricing page or in your order form.
Subscriptions renew automatically for successive periods until cancelled.
Prices are in South African Rand and, unless stated otherwise, exclude VAT. VAT is added where applicable.
We may change fees on 30 days’ notice, effective from your next renewal. If you do not accept the change, you may cancel before it takes effect.
Late payment may result in suspension. We may charge interest on overdue amounts at the maximum rate permitted by law.
Except where the law requires otherwise, fees already paid are non-refundable. See the Returns & Refunds Policy.

7. Your data and intellectual property

You own your data. Everything you upload or enter — records, listings, documents, customer information — remains yours. You grant us a limited, non-exclusive licence to host, copy, transmit, display and process it strictly as needed to provide the service, keep it secure, and comply with the law.

We own the software. The products, their code, design, trade marks and documentation belong to us or our licensors. We grant you a limited, non-exclusive, non-transferable right to use them during your subscription. You may not copy, modify, reverse-engineer, resell or create derivative works from them except where the law expressly allows it.

Feedback. If you send us suggestions, we may use them without obligation or compensation.

Export. You can export your data at any time while your subscription is active. On termination, you have 30 days to export before we begin deletion.

8. Availability and support

We aim for high availability but do not guarantee uninterrupted service. Planned maintenance will be announced in advance where practical. Emergency maintenance may happen without notice. Any specific uptime commitment applies only if set out in a separate written service level agreement.

9. Acceptable use

Your use is subject to the Acceptable Use Policy, which forms part of these Terms. Breaching it may lead to suspension or termination.

10. Third-party services

Our products integrate with third-party services — payment providers, mapping and geocoding, couriers, accounting systems, email delivery. Your use of those services is governed by their own terms. We are not responsible for their acts, omissions or availability.

11. Suspension and termination

You may cancel at any time from your account settings or by emailing us. Cancellation takes effect at the end of the current billing period.
We may suspend or terminate your access if you materially breach these Terms, fail to pay, use the service in a way that threatens its security or stability, or where we are legally required to.
Where practical we will give notice and an opportunity to fix the problem first, unless the breach is serious or urgent.
On termination your right to use the products ends. Clauses that by their nature should survive — ownership, confidentiality, liability, indemnity, governing law — do survive.

12. Disclaimers

Except as expressly stated in these Terms and to the fullest extent the law allows, the products are provided “as is” and “as available”. We do not warrant that they will be error-free, uninterrupted, or fit for a particular purpose.

Our products are tools, not professional advice. Count assists with financial record-keeping but is not accounting, tax, audit or financial advice. Build and Transport assist with operations but do not replace engineering, safety or regulatory judgement. You remain responsible for your own compliance, and should take professional advice where appropriate.

13. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings, arising from these Terms.

Our total aggregate liability arising out of or relating to these Terms is limited to the amount you paid us for the relevant product in the 12 months before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded — including rights you may have under the Consumer Protection Act 68 of 2008.

14. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your breach of these Terms or the Acceptable Use Policy, your data infringing a third party’s rights, or — if you sell through Shake or Sell — claims relating to goods you have listed or sold.

15. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days’ notice by email or in-product notice. Continued use after the effective date means you accept the change. If you do not accept it, you may cancel before it takes effect.

16. General

Governing law. These Terms are governed by the law of the Republic of South Africa.
Disputes. Talk to us first — most issues are resolved by email. If we cannot resolve a dispute within 30 days, it will be referred to the courts of South Africa, which have exclusive jurisdiction. Consumers retain any statutory right to refer a matter to the National Consumer Commission or an accredited ombud.
Entire agreement. These Terms, together with the policies they reference and any order form, are the whole agreement between us on this subject.
Severability. If a provision is found unenforceable, the rest remains in force.
No waiver. Not enforcing a right is not a waiver of it.
Assignment. You may not assign these Terms without our written consent. We may assign them to a successor in a merger or sale of the business.
Force majeure. Neither party is liable for failure caused by events beyond reasonable control, including network or utility failure, natural disaster or government action.

17. Contact

Questions about these Terms: admin@levier.co.za.